The State committed a "fault" in the Levothyrox case, not sufficiently informing patients about the side effects linked to the new formula of this treatment, but this does not justify compensation, the administrative court ruled on Friday.
The French National Agency for the Safety of Medicines (ANSM) "committed an error of such a nature as to engage the State's liability" in this case dating back to the end of the 2010s, according to a ruling by the Paris Administrative Court of Appeal.
But the plaintiffs are not "justified in claiming damages of anxiety" which, according to them, justified compensation by the State.
This decision "is not acceptable" to the victims, their lawyer Christophe Lèguevaques reacted in a statement, adding that he was "considering the possibility of appealing to the Council of State."
This decision is separate from other aspects, particularly criminal, of this case, which began in 2017 with the arrival on the French market of a new formula of Levothyrox, a treatment produced by the German laboratory Merck and indicated in cases of thyroid disorder or ablation.
More than 30,000 patients then complained of side effects. However, health authorities, starting with the ANSM, initially rejected the idea that the new formula was directly responsible, and later concluded that the change had not caused any "serious" health problems.
This case has given rise to several legal proceedings targeting the state, via the ANSM (French Food Safety Authority) and Merck. Friday's decision follows a class action lawsuit launched in 2021 in which the plaintiffs each sought €15,000 from the state.
The administrative court ultimately concluded that the ANSM was indeed at fault for not having clearly enough warned patients of the change in formula, but that it had not caused the "anxiety" damage justifying compensation.
This harm would indeed imply that the patients had run a serious health risk. However, despite the distressing nature of the side effects, they did not cause any serious illness. In contrast, the harm of anxiety had been recognized as valid in cases involving asbestos exposure.
Another procedure, however, had required Merck to compensate patients, a decision definitively confirmed in cassation in 2022.
Furthermore, on the criminal front, the laboratory and the ANSM remain under investigation for "deception." The validity of this indictment, contested by both parties, is expected to be the subject of a court ruling in May.
The old formula of Levothyrox remains available for the time being in 2025, a temporary extension but regularly renewed by the ANSM.
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